Florida Statutes

Fla. Stat. § 83.18 (2025)

Distress for rent; trial; verdict; judgment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.18 Distress for rent; trial; verdict; judgment.—If the verdict or the finding of the court is for plaintiff, judgment shall be rendered against defendant for the amount or value of the rental or advances, including interest and costs, and against the surety on defendant’s bond as provided for in s. 83.14, if the property has been restored to defendant, and execution shall issue. If the verdict or the finding of the court is for defendant, the action shall be dismissed and defendant shall have judgment and execution against plaintiff for costs.

History.—RS 1768; s. 3, ch. 4408, 1895; GS 2244; RGS 3563; CGL 5427; s. 14, ch. 63-559; s. 34, ch. 67-254; s. 18, ch. 82-66.

Notes of Decisions

Cited in 4 cases, 1957–1989 · leading case: Millard v. Brannan, 553 So. 2d 1248 (Fla. 2d DCA 1989).

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Millard v. Brannan, 553 So. 2d 1248 (Fla. 2d DCA 1989). · cites it 2× “[*] Although the distress for rent statute, § 83.18, Fla. Stat. (1983), provides for the prevailing defendant to be awarded costs, it is only through the lease that attorney's fees are included as costs.”

Willscott, Inc. v. Ullman, 117 So. 2d 856 (Fla. 3d DCA 1960). “rder of the circuit court entitled “Partial Summary Judgment Discharging Warrant and Transferring Cause” is quashed, and the cause is remanded with directions to vacate the order discharging the warrant and the levy thereon, and the order of transfer of the cause to the civil…”

Stroemer v. Shevin, 399 F. Supp. 993 (S.D. Fla. 1973). “The court then decides the action on its merits, providing that if the property has been restored to the Defendant and the Plaintiff prevails, judgment shall be rendered against the Defendant and against the Defendant’s sureties.”

Loveridge v. Buehler, 12 Fla. Supp. 120 (Fla. Cir. Ct., Brevard Cty. 1957). “Section 83.18 of the statutes provides the procedure to be followed in the event the defendant shall appear and file an affidavit that the rent is not due and that if the verdict in such contested proceedings is for the plaintiff, judgment shall be rendered against the defendant…”

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